How can I get my deposit back?
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How can I get my deposit back?
I signed a lease-to-rent a home and mailed my deposit tothe landlord. Then 3 days before we were to move, the landlord stated that she was going to prorate our rent but then later stated she wasn’t. We wanted our deposit back. She started making excuses and we felt like we did not want to move into home and then she told us she did not want to rent to us. She then posted her home back up for rent on the same day. We e-mailed her stating that we would pay full rent and still move in. We heard nothing. We later found out that the home belongs to her mother and not her. Is there a way to get our deposit back?
Asked on October 28, 2011 under Real Estate Law, Hawaii
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you entered into a rental agreement with a person who does not own the unit to be rented or does not have the authority to rent the unit who in turn takes your security deposit, but refuses to rent to you, you are entitled to the return of the money you presented for the rental.
I would write the person who has your security deposit demanding its return by a certain date. Keep a copy of the letter for future need. If you do not receive the return of the security deposit within the time demanded, your option is to bring a small claims court action.
Good luck.
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